high court

Monthly Wrap December 2023

In the media

In Court

The High Court ruling, that the continued detention of people who cannot be deported is unlawful, resulted in the release of over 140 people and legislation rushed through Parliament. That new legislation was immediately challenged in the High Court. The Federal Court ordered the immediate release of a refugee who had been detained for over 11 years.

In Gaza

UNRWA, who have the mandate for the care of Palestinian refugees, warned that the conflict may result in over 1 million people becoming refugees. The ABC published an explainer on the repeated shelling of refugee camps in Gaza by the Israeli Defence Force. 

In PNG and Nauru

The government agreed to settle a negligence claim brought on behalf of an infant that became seriously ill while detained on Nauru. The eviction risk for the men who remain in PNG remains unresolved as the PNG government calls for further funding from the Australian government.

Afghans in Pakistan

Pakistan’s policy to forcibly return 1.7 million undocumented Afghans has resulted in many thousands of people living in tents as winter takes hold. NGOs have blamed western governments, including Australia, for abandoning Afghan people. Al Jazeera published a story on the options that Afghan people face.

International

Finland closed four border crossings with Russia to decrease the number of asylum seekers and undocumented migrants entering the country. Italy secured a deal with Albania whereby they would detain and process asylum seekers on Italy’s behalf. The UK Supreme Court ruled the Rwanda deal was unconstitutional and Austria stated its intention to pursue a similar policy. People entering Greece to claim asylum reported that they were subjected to invasive strip searches on arrival. Cate Blanchett urged the European Parliament to return humanity to the core of asylum policy. Refugees fleeing Darfur reported ethnically based killings amidst the ongoing fighting in Sudan. Canada’s new skilled refugees pilot program was criticised for potentially setting a dangerous precedent if refugees are assessed on their skills rather than their protection needs.

In policy

In response to the High Court ruling, the government announced its intention to pass preventative detention legislation in the final sitting week. Documents tabled in the Senate showed the Attorney-General approved the Human Rights Commission’s request to intervene in the High Court case, as it is required to do. Independent MP Kylea Tink introduced a bill to place a 90 day time limit on immigration detention and to ban the detention of children. The Refugee Council of Australia published their letter to government outlining their concerns on the new immigration detention legislation. The UN Special Rapporteur on Torture urged the government to address the failures of contracted businesses to ensure detention centres are safe for detainees and staff.  The UNHCR published the program and papers for December’s Global Refugee Forum in Geneva.

In research

The Australian Institute for Health and Welfare published research into the health service use, health outcomes and causes of death for people who sought safe haven in Australia. A collaboration between Universities and NGOs researched the impact that Covid-19 measures had on refugee and migrant communities access to justice. The Human Rights Law Centre, in the UK, published an assessment of the first six months of the Streamlined Asylum Process.

New releases

Evacuation, a documentary on the British evacuation of Afghans in 2021